The CBI has credible evidence to nail former registrar of co-operative societies, Narayan Diwakar in the Rs 4,000-crore housing scam. The case comes up for hearing in the Delhi High Court on Monday.
The investigating agency had initially probed the 135 societies fraudulently revived by Diwakar during his tenure as the RCS. In October 2005, the court asked CBI to investigate another 17 societies, bringing the total number of societies under the microscope to 152.
Of these 152, the CBI has registered 104 “regular cases” in the revival of 104 societies. Chargesheets have been filed in two of the 104.
The agency has arrested 43 persons and conducted searches at 186 places. It has recovered cash and frozen bank accounts worth nearly Rs 5.5 crore.
Apart from these, the CBI has registered “preliminary enquiries” into the allotment of land by the Delhi Development Authority to 102 societies after the year 2000. The Delhi High Court had asked the CBI to investigate land allotment to these 102 societies. The agency has registered 21“preliminary enquiries” to probe 100 societies and two regular cases in Quetta and Vishrantika CGHS Limited.
Evidence against Diwakar
1. No CGHS revived after Diwakar's retirement on June 30, 2004. Eighty-five per cent of the 136 were revived in a short span of three years from 2000. Between January 2001 and June 30, 2004, 87 societies were revived and Diwakar signed on papers in 84 of these.
2. Several factual inaccuracies have been found in the revival orders — a strong evidence against Diwakar.
3. In the case of Taj CGHS, processing officers appended forged papers and affidavits.
4. Original files of several societies including EPDP, Taj, Navjot, Navyug, Bright, UNI, Blue, Janak Kunj and UN Staff had gone missing from the RCS office. Diwakar colluded with subordinates to issue a circular to all branches and zones of the RCS to trace the files. However, the circular was so framed that nobody needed to search these files.
5. Since no files were recovered, RCS ordered reconstructing of these files on the basis of records produced by these societies. RCS did not verify the earlier winding up orders. The order had been sent to DDA and other government departments. Neither the RCS cross check with these departments nor ordered an inquiry into the matter.
6. Several societies were revived on the ground that the winding up order was passed earlier by Deputy Registrar/Joint Registrar of RCS. Diwakar argued that these officers were not authorised to issue winding up orders, but he did not bother to find out if the then RCS had issued orders vesting such powers in these officers.
7. Diwakar while reviving these societies ignored the advise of his Deputy/Joint Registrars
8. In some cases, fictitious persons were shown to have been present before the RCS at the time of revival or the application was moved by people not even members of the societies on the date of application.
9. Gokul Chand Aggarwal, involved in fraudulent revival of 23 societies represented in front of RCS in different names.
10. CBI has evidence that Diwakar and Agarwal spoke to each other on their cell phones nearly a 100 times, and several times on the landline.
11. Societies wound up over 25 years back were also revived.